Nova Chemicals Corporation v. Dow Chemicals Company, 2020 FCA 141
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2020 FCA 141 |
| Date | 15 September 2020 |
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29 practice notes
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Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43
...APPEAL from a judgment of the Federal Court of Appeal (Stratas, Near and Woods JJ.A.), 2020 FCA 141, [2021] 1 F.C.R. 551, 452 D.L.R. (4th) 318, 177 C.P.R. (4th) 145, [2020] F.C.J. No. 928 (QL), 2020 CarswellNat 3799 (WL), affirming a decision of Fothergill J., 2017 FC 350, [2018] ......
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Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC, 2023 FCA 184
...net loss, the Federal Court applied the total costs approach endorsed by this Court in Nova Chemicals Corporation v. Dow Chemical Co., 2020 FCA 141, [2021] 1 F.C.R. 551, aff’d 2022 SCC 43 [Nova Chemicals (F.C.A.)]. The Supreme Court did not deal with the total costs issue (see Nova C......
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Rovi Guides, Inc. v. BCE Inc., 2022 FC 1388
...but to prevent its unjust enrichment: Lubrizol Corp v Imperial Oil Ltd, [1997] 2 FC 3 at 4-5; Nova Chemicals Corp v Dow Chemical Company, 2020 FCA 141 [Nova Chemicals] at paras 20, 24. [584] An accounting of profits acts as “a deterrence tool and a mechanism for restorative justice i......
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SIDE WIND: THE RIGHT-HOLDER'S QUEST FOR INTELLECTUAL PROPERTY ENFORCEMENT.
...Fees Survey: Results" (22 December 2021), online: . (4) See Dow Chemical Co v NOVA Chemicals Corp, 2014 FC 844, 2017 FC 350, 2017 FC 637, 2020 FCA 141, 2022 SCC (5) David Crerar, "The Death of the Irreparable Injury Rule" (1998) 36:4 Alba L Rev at 979, quoting Owen Fiss, The Civil Rights In......
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13 cases
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Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43
...APPEAL from a judgment of the Federal Court of Appeal (Stratas, Near and Woods JJ.A.), 2020 FCA 141, [2021] 1 F.C.R. 551, 452 D.L.R. (4th) 318, 177 C.P.R. (4th) 145, [2020] F.C.J. No. 928 (QL), 2020 CarswellNat 3799 (WL), affirming a decision of Fothergill J., 2017 FC 350, [2018] ......
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Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC, 2023 FCA 184
...net loss, the Federal Court applied the total costs approach endorsed by this Court in Nova Chemicals Corporation v. Dow Chemical Co., 2020 FCA 141, [2021] 1 F.C.R. 551, aff’d 2022 SCC 43 [Nova Chemicals (F.C.A.)]. The Supreme Court did not deal with the total costs issue (see Nova C......
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Rovi Guides, Inc. v. BCE Inc., 2022 FC 1388
...but to prevent its unjust enrichment: Lubrizol Corp v Imperial Oil Ltd, [1997] 2 FC 3 at 4-5; Nova Chemicals Corp v Dow Chemical Company, 2020 FCA 141 [Nova Chemicals] at paras 20, 24. [584] An accounting of profits acts as “a deterrence tool and a mechanism for restorative justice i......
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UPL NA Inc. v. AgraCity Crop & Nutrition Ltd., 2022 FC 1422
...[see Monsanto, supra at paras 100-101; Dow Chemical Corporation v Nova Chemicals Corporation, 2017 FC 350 at paras 108-110, aff’d 2020 FCA 141 at para 115]. The burden then shifts to the Defendants to provide the elements of costs to be deducted from the sales/revenues in arriving at......
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15 firm's commentaries
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IP Litigation 2020 Year In Review
...Equipment Rentals Ltd. v. M-I LLC, 2019 FC 1606 at para. 146 (Justice O'Reilly). 45. Nova Chemicals Corporation v. Dow Chemicals Company, 2020 FCA 141 [Nova 46. Rovi Guides, Inc. v. Videotron Ltd., 2021 FC 19 at para. 14 (Justice Lafrenière). 47. Nova Chemicals at para. 164. 48. Nova Chemic......
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Supreme Court Of Canada Affirms Record-setting $645M Patent Infringement Award In Dow v Nova
...Court dismissed Nova's appeal of the earlier decisions of the Federal Court (2017 FC 350 and 2017 FC 637), and Federal Court of Appeal (2020 FCA 141), wherein Nova Chemicals Corporation (Nova) was ordered to pay The Dow Chemical Company (Dow) approximately $645 million as a result of Nova's......
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Canadian Patent Law 2020: A Year In Review
...in an account of profits and upholds largest dollar award for patent infringement In Nova Chemicals Corporation v Dow Chemicals Company, 2020 FCA 141 [Dow Chemical] the Federal Court of Appeal upheld the Federal Court's judgment awarding the plaintiff (Dow Chemical) approximately $650 milli......
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Supreme Court Clarifies Accounting Of Profits Remedy In Patent Infringement Cases
...which was the first time that such profits were awarded in a Canadian patent action. The Federal Court of Appeal upheld this award (2020 FCA 141). Nova then sought, and was granted, leave to appeal to the Supreme Court of Nova pursued the appeal to the Supreme Court of Canada on two primary......
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1 books & journal articles
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SIDE WIND: THE RIGHT-HOLDER'S QUEST FOR INTELLECTUAL PROPERTY ENFORCEMENT.
...Fees Survey: Results" (22 December 2021), online: . (4) See Dow Chemical Co v NOVA Chemicals Corp, 2014 FC 844, 2017 FC 350, 2017 FC 637, 2020 FCA 141, 2022 SCC (5) David Crerar, "The Death of the Irreparable Injury Rule" (1998) 36:4 Alba L Rev at 979, quoting Owen Fiss, The Civil Rights In......